Dilutive Rights definition

Dilutive Rights means options, warrants or other rights to subscribe for or purchase Common Stock of the Company, to the extent the exercise price for the foregoing on the applicable date is equal to or less than the market price of the Company’s Common Stock.
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Dilutive Rights has the meaning set forth in Section 4(c).
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Dilutive Rights means (i) the Interest Units issued by the Company pursuant to the Junior Note Indenture on the applicable Junior Note Interest Payment Date, (ii) the Options (or similar rights to acquire Units) issued by the Company to the Class 8 Option Holders in connection with the issuance of Interest Units on such Junior Note Interest Payment Date, and (iii) the issuance of additional Units pursuant to Section 1.2(b) on such Junior Note Interest Payment Date. The Protective Rights issued pursuant to this Section 1.2(a) shall be issued without payment of additional consideration.
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Examples of Dilutive Rights in a sentence

  • For purposes of clarification, whether or not the Company provides a Dilutive Issuance Notice pursuant to this Section 3.5, upon the occurrence of any Dilutive Rights Issuance, after the date of such Dilutive Rights Issuance the Holder is entitled to receive a number of Warrant Shares based upon the Base Rights Price regardless of whether the Holder accurately refers to the Base Rights Price in the Notice of Exercise.

  • For purposes of clarification, whether or not the Company provides a Dilutive Issuance Notice pursuant to this Section 3(c), upon the occurrence of any Dilutive Rights Issuance, after the date of such Dilutive Rights Issuance the Holder is entitled to receive a number of Warrant Shares based upon the Base Rights Price regardless of whether the Holder accurately refers to the Base Rights Price in the Notice of Exercise.

  • This Agreement evidences the obligation of the Company set forth in Article II of the Plan to issue Units to the holders of Class 2 Claims, Class 5 Claims and Class 6 Equity Interests to prevent dilution caused by the issuance of the Dilutive Rights.

  • In connection with the transactions contemplated by the Agreement, the holders of Series D Preferred Stock will be entitled to their Preferred Dilutive Rights as a result of a Dilutive Issuance under the Agreement.

  • Such adjustment shall be made automatically without the need for further documentation whenever such Dilutive Securities or Dilutive Rights are issued, and shall become effective immediately upon the date of issuance of such Dilutive Securities or Dilutive Rights.

  • MSCI implements the event using the methodology applicable for Highly Dilutive Rights Issue (as defined in section 3.6.5 above).

  • In connection with the transactions contemplated by the Agreement, the holders of the Series D Warrants will be entitled to their Dilutive Rights.

Related to Dilutive Rights

  • Dilutive Issuance Notice shall have the meaning set forth in Section 5(b).

  • Preemptive Rights has the meaning given such term in Section 6.04(a).

  • Dilutive Issuance shall have the meaning set forth in Section 5(b).

  • Preemptive Right has the meaning set forth in Section 5.1 hereof.

  • Company Convertible Securities means, collectively, any other options, warrants or rights to subscribe for or purchase any capital shares of the Company or securities convertible into or exchangeable for, or that otherwise confer on the holder any right to acquire any capital shares of the Company.

  • Call Rights As defined in Section 9.01(f).

  • Convertible Security means one of the Convertible Securities.

  • Convertible Securities means any stock or securities (other than Options) directly or indirectly convertible into or exercisable or exchangeable for shares of Common Stock.

  • Exchange Rights means any rights granted to limited partners of Simon Property Group, L.P., a Delaware limited partnership (including pursuant to an Exchange Rights Agreement) to exchange (subject to the Ownership Limit) limited partnership interests in such Partnership for shares of Capital Stock or cash at the option of the Corporation.

  • Preferred Stock Equivalents shall have the meaning set forth in Section 11(b) hereof.

  • Excluded Stock and Stock Equivalents means (i) any Capital Stock or Stock Equivalents with respect to which, in the reasonable judgment of the Administrative Agent and the Borrower (as agreed to in writing), the cost or other consequences of pledging such Capital Stock or Stock Equivalents in favor of the Secured Parties under the Security Documents shall be excessive in view of the benefits to be obtained by the Lenders therefrom, (ii) solely in the case of any pledge of Capital Stock and Stock Equivalents of any Foreign Subsidiary or any CFC Holding Company, any Capital Stock or Stock Equivalents of any class of such Foreign Subsidiary or CFC Holding Company in excess of 65% of the outstanding Capital Stock of such class, (iii) any Capital Stock or Stock Equivalents to the extent the pledge thereof would violate any applicable Requirements of Law (including any legally effective requirement to obtain the consent of any Governmental Authority unless such consent has been obtained), (iv) in the case of (A) any Capital Stock or Stock Equivalents of any Subsidiary to the extent such Capital Stock or Stock Equivalents are subject to a Lien permitted by clause (ix) of the definition of Permitted Lien or (B) any Capital Stock or Stock Equivalents of any Subsidiary that is not a Wholly-Owned Subsidiary of the Borrower and its Subsidiaries at the time such Subsidiary becomes a Subsidiary, any Capital Stock or Stock Equivalents of each such Subsidiary described in clause (A) or (B) to the extent (I) that a pledge thereof to secure the Obligations is prohibited by any applicable Contractual Requirement and other than proceeds thereof the assignment of which is expressly deemed effective under the Uniform Commercial Code or other applicable law notwithstanding such prohibition or restriction), (II) any Contractual Requirement prohibits such a pledge without the consent of any other party; provided that this clause (II) shall not apply if (x) such other party is a Credit Party or Wholly-Owned Subsidiary or (y) consent has been obtained to consummate such pledge (it being understood that the foregoing shall not be deemed to obligate the Borrower or any Subsidiary to obtain any such consent) and for so long as such Contractual Requirement or replacement or renewal thereof is in effect, or (III) a pledge thereof to secure the Obligations would give any other party (other than a Credit Party or Wholly-Owned Subsidiary) to any contract, agreement, instrument, or indenture governing such Capital Stock or Stock Equivalents the right to terminate its obligations thereunder and other than proceeds thereof the assignment of which is expressly deemed effective under the Uniform Commercial Code or other applicable law notwithstanding such prohibition or restriction), (v) any Capital Stock or Stock Equivalents of any Subsidiary to the extent that the pledge of such Capital Stock or Stock Equivalents would result in materially adverse tax consequences to the Borrower or any Subsidiary as reasonably determined by the Borrower in consultation with the Administrative Agent, (vi) any Capital Stock or Stock Equivalents that are margin stock, and (vii) any Capital Stock and Stock Equivalents of any Subsidiary that is not a Material Subsidiary or is an Unrestricted Subsidiary, a captive insurance Subsidiary, an SPV or any special purpose entity.

  • Stock Equivalents means all securities convertible into or exchangeable for Stock and all warrants, options or other rights to purchase or subscribe for any Stock, whether or not presently convertible, exchangeable or exercisable.

  • Stock Purchase Rights means any warrants, options or other rights to subscribe for, purchase or otherwise acquire any shares of Common Stock or any Convertible Securities.

  • Common Stock Equivalent means any Convertible Security or warrant, option or other right to subscribe for or purchase any Additional Shares of Common Stock or any Convertible Security.

  • Alternate Conversion Price means, with respect to any Alternate Conversion that price which shall be the lowest of (i) the applicable Conversion Price as in effect on the applicable Conversion Date of the applicable Alternate Conversion, and (ii) the greater of (x) the Floor Price and (y) 80% of the lowest VWAP of the Common Stock during the five (5) consecutive Trading Day period ending and including the Trading Day immediately preceding the delivery or deemed delivery of the applicable Conversion Notice (such period, the “Alternate Conversion Measuring Period”). All such determinations to be appropriately adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction that proportionately decreases or increases the Common Stock during such Alternate Conversion Measuring Period.

  • Rights or Options means warrants, options or other rights to purchase or acquire shares of Common Stock or Convertible Securities.

  • Exchange Right has the meaning ascribed thereto in Section 5.1;

  • Convertible Preferred Stock has the meaning set forth in the recitals.

  • Mandatorily Convertible Securities means any mandatorily convertible equity-linked securities issued by the Borrower or its Subsidiary, so long as the terms of such securities require no repayments or prepayments and no mandatory redemptions or repurchases, in each case prior to at least 91 days after the later of the termination of the Commitments and the repayment in full of the Revolving Credit Advances and all other amounts due under this Agreement.

  • Series B Convertible Preferred Stock means the Series B Convertible Preferred Stock, $0.01 par value per share, of the Corporation.

  • Purchase Rights shall have the meaning set forth in Section 5(c).

  • Conversion Rights means exchange of, or the rights to exchange, the Principal Amount of the Loan, or any part thereof, for fully paid and nonassessable Common Stock on the terms and conditions provided in the Debentures.

  • Eligible Securities means those securities which are identified as permissible securities for a particular Transaction Category.

  • Series A Convertible Preferred Stock means the Series A Convertible Preferred Stock, $0.001 par value per share, of the Corporation.

  • Convertible Security Acquisition means an acquisition by a Person of Voting Shares upon the exercise, conversion or exchange of a Convertible Security received by a Person pursuant to a Permitted Bid Acquisition, an Exempt Acquisition or a Pro Rata Acquisition;

  • Dilution means, as of any date of determination, a percentage, based upon the experience of the immediately prior 12 months, that is the result of dividing the Dollar amount of (a) bad debt write-downs, discounts, advertising allowances, credits, or other dilutive items with respect to Borrowers’ Accounts during such period, by (b) Borrowers’ xxxxxxxx with respect to Accounts during such period.